Stein v. Woods et al

Filing 51


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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 DALE STEIN, ) ) Plaintiff, ) ) ) v. ) G. WOODS; DR. ARTHUR F. MAJOR; DR. ) R. NORTON; STANLAKE K. YE; G. ELLIS; ) ) N. WARREN, ) ) Defendants. ) _________________________________ No. C 11-1243 JSW (PR) ORDER PROVIDING PLAINTIFF NOTICE AND WARNING; SCHEDULING SUPPLEMENTAL BRIEFING 16 17 Plaintiff, a California prisoner, filed this pro se civil rights action under 42 U.S.C. § 18 1983. Defendants have filed a motion for summary judgment, which Plaintiff has opposed. 19 Pursuant to Woods v. Carey, No. 09-15548, slip op. 7871, 7884-85 (9th Cir. July 6, 2012), 20 the following notices and warnings are provided to Plaintiff a second time. 21 Plaintiff must read the following “NOTICE -- WARNING (SUMMARY 22 JUDGMENT),” which is provided to him pursuant to Rand v. Rowland, 154 F.3d 952, 953- 23 954 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 24 1988). To the extent defendants argue that Plaintiff failed to exhaust his administrative 25 remedies as required by 42 U.S.C. § 1997e(a), plaintiff should also read the “NOTICE -- 26 WARNING (EXHAUSTION)” which is provided to him pursuant to Wyatt v. Terhune, 315 27 F.3d 1108, 1120 n. 4 (9th Cir. 2003): 28 1 2 NOTICE -- WARNING (SUMMARY JUDGMENT) If defendants move for summary judgment, they are seeking to have your case 3 dismissed. A motion for summary judgment under Rule 56 of the Federal Rules of Civil 4 Procedure will, if granted, end your case. 5 Rule 56 tells you what you must do in order to oppose a motion for summary 6 judgment. Generally, summary judgment must be granted when there is no genuine issue of 7 material fact--that is, if there is no real dispute about any fact that would affect the result of 8 your case, the party who asked for summary judgment is entitled to judgment as a matter of 9 law, which will end your case. When a party you are suing makes a motion for summary 10 judgment that is properly supported by declarations (or other sworn testimony), you cannot 11 simply rely on what your complaint says. Instead, you must set out specific facts in 12 declarations, depositions, answers to interrogatories, or authenticated documents, as provided 13 in Rule 56(e), that contradict the facts shown in the defendant's declarations and documents 14 and show that there is a genuine issue of material fact for trial. If you do not submit your own 15 evidence in opposition, summary judgment, if appropriate, may be entered against you. If 16 summary judgment is granted, your case will be dismissed and there will be no trial. 17 18 19 20 NOTICE -- WARNING (EXHAUSTION) If defendants file an unenumerated motion to dismiss for failure to exhaust, they are seeking to have your case dismissed. If the motion is granted it will end your case. You have the right to present any evidence you may have which tends to show that 21 you did exhaust your administrative remedies. Such evidence may be in the form of 22 declarations (statements signed under penalty of perjury) or authenticated documents, that is, 23 documents accompanied by a declaration showing where they came from and why they are 24 authentic, or other sworn papers, such as answers to interrogatories or depositions. 25 26 If defendants file a motion to dismiss and it is granted, your case will be dismissed and there will be no trial. 27 28 2 1 Plaintiff may file a supplemental opposition to Defendants’ motion for summary 2 judgment on or before August 1, 2012. Defendants shall file a supplemental reply brief 3 within 7 days of the date any supplemental opposition is filed. If Plaintiff does not 4 supplement his opposition, Defendants’ motion will be decided on the papers that have 5 already been filed. 6 7 IT IS SO ORDERED. DATED: July 11, 2012 8 9 JEFFREY S. WHITE United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 DALE RICHARD STEIN, Case Number: CV11-01243 JSW 6 Plaintiff, CERTIFICATE OF SERVICE 7 v. 8 G WOODS et al, 9 Defendant. 10 11 12 13 14 / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on July 11, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 15 16 17 18 19 Dale R. Stein S.V.S.P. P.O. Box 1050 J82424 Soledad, CA 93960 20 21 22 23 24 25 26 27 28 Dated: July 11, 2012 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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